BILL NUMBER: SB 1304	CHAPTERED  09/14/99

	CHAPTER   372
	FILED WITH SECRETARY OF STATE   SEPTEMBER 14, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 14, 1999
	PASSED THE SENATE   AUGUST 26, 1999
	PASSED THE ASSEMBLY   AUGUST 23, 1999
	AMENDED IN ASSEMBLY   AUGUST 16, 1999
	AMENDED IN ASSEMBLY   JUNE 30, 1999
	AMENDED IN ASSEMBLY   JUNE 15, 1999

INTRODUCED BY   Committee on Environmental Quality (Senators Sher
(Chair), Alarcon, Alpert, Chesbro, Hayden, McPherson, O'Connell,
Rainey, Solis, and Wright)

                        MARCH 10, 1999

   An act to amend Sections 100825, 100830, 100835, 100837, 100840,
100845, 100850, 100852, 100855, 100860, 100865, 100870, 100880,
100885, 100890, 100895, 100910, and 100915 of, and to add Sections
100831, 100832, 100847, 100851, 100862, 100863, 100872, and 100907
to, the Health and Safety Code, relating to environmental
laboratories.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1304, Committee on Environmental Quality.  Environmental
laboratories.
   Existing law authorizes the certification and regulation of
environmental laboratories by the State Department of Health
Services.  Existing law also requires the department to adopt
regulations governing the administration of these provisions,
including, among other things, regulations regarding application
criteria for acceptance and approval of 3rd-party laboratory
accreditation organizations.
   This bill would revise these provisions to require laboratories to
obtain a certificate pursuant to statutory requirements, and would
further authorize those laboratories to apply for accreditation under
the National Environmental Laboratory Accreditation Program (NELAP).
  This bill would revise references to 3rd-party laboratory
accrediting organizations to instead refer to approved 3rd-party
laboratory accrediting organizations (ATPLAO's).  This bill would
define additional terms relating to certification and accreditation
of environmental laboratories and ATPLAO's.  This bill would require
that NELAP accreditation by another jurisdiction be recognized for
out-of-state laboratories with regard to certain program activities.

   This bill would require the department, when NELAP standards are
adopted by the National Environmental Laboratory Accreditation
Conference (NELAC), to adopt or amend the regulations relating to
environmental laboratories as necessary to enable California
environmental laboratories to participate in the National
Environmental Laboratory Accreditation Program.
   Existing law provides that a certificate issued by the department
expires 24 months from the date of issuance unless renewed.
   This bill would provide that the period of accreditation of a
NELAP accredited laboratory shall be 12 months, and would require
notification of the accrediting authority of changes in location or
laboratory director.
   This bill would revise the standards for the acceptance and
approval of approved 3rd-party laboratory accrediting organizations
(ATPLAO's), and would revise the authority of the department to adopt
regulations regarding, among other things, NELAP accreditation, and
accreditation of ATPLAO's.  This bill would clarify and revise the
required time periods for certain notifications relating to sale of a
laboratory, change of location, or change of the director, and
regarding forfeiture of certificates.
   This bill would revise the grounds for denial and the procedures
for denial, suspension, or revocation of laboratory certificates or
NELAP accreditation.  This bill would require laboratories that apply
for NELAP accreditation to pay, at the time of application, and
annually thereafter, a base fee and fees for each field of testing
for which the laboratory seeks accreditation, and would authorize the
adjustment of those fees in accordance with specified provisions of
existing law.
   Existing law authorizes the department and its duly authorized
representatives to enter and inspect certified laboratories, and
provides that it is a misdemeanor for any person to prevent,
interfere with, or attempt to impede in any way, such an inspection.

   This bill would also authorize the denial or revocation of a
certification, or NELAP reaccreditation for refusing entry for an
announced or unannounced inspection or refusal of permission to
inspect records during normal business hours.
   Existing law requires certified laboratories to analyze
performance evaluation samples when applying for certification or
renewal of certification.
   This bill would require the immediate revocation of the
certification or NELAP accreditation of a laboratory that submits
proficiency testing samples generated by another laboratory as its
own.  This bill would require NELAP accredited laboratories to
analyze proficiency testing samples not less than twice a year.
   Existing law authorizes the imposition of criminal penalties for
certain offenses relating to certified laboratories.
   This bill would make those penalties applicable to NELAP
accredited laboratories, thereby imposing a state-mandated local
program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 100825 of the Health and Safety Code is amended
to read:
   100825.  (a) Laboratories that perform, for regulatory purposes,
analyses of drinking water, wastewater, hazardous wastes, and
contaminated soils or sediments, or any combination of these, shall
obtain a certificate pursuant to this article.  Laboratories that
perform analyses for pesticide residues pursuant to Section 110490
shall also obtain a certificate pursuant to this article.  A
laboratory may apply for NELAP accreditation if it chooses to meet
NELAC standards and become eligible for recognition by other states
and agencies that require or accept NELAP accreditation.
   (b) In any arrangement between laboratories that involves the
transfer of samples or portions of samples, the analyzing laboratory
shall be identified in all sample reports and shall be the laboratory
for purposes of certification or NELAP accreditation.
   (c) For the purposes of this article:
   (1) "Accreditation" means the recognition of a laboratory that is
approved by a NELAP approved accrediting authority to conduct
environmental analyses in those fields of testing specifically
designated in Section 100862.
   (2) "Approved third-party laboratory accreditation organization"
or "ATPLAO" means a nongovernmental organization which has been
approved by the department to audit environmental laboratories.
   (3) "Certificate" means a document issued to a laboratory that has
received certification or accreditation pursuant to this article.
   (4) "Certification" means the granting of approval by the
department to a laboratory that has met the standards and
requirements of this chapter and the regulations adopted thereunder.
Certification shall not include NELAP accreditation.
   (5) "Corrective action report" means a written document signed by
or on behalf of a person, entity, or laboratory which states the
corrective actions proposed by the person, entity, or laboratory to
correct the deficiencies or violations stated in a report of
deficiencies.
   (6) "Deficiency" means noncompliance with one or more of the
requirements of this article or any rule or regulation adopted
thereunder.
   (7) "Laboratory" means any facility or vehicle that is owned by a
person or persons, or by a public or private entity, and that is
equipped and operated to carry out analyses in any of the fields of
testing listed in Section 100860 or Section 100862.
   (8) "NELAC" means the National Environmental Laboratory
Accreditation Conference.
   (9) "NELAC standards" refer to the standards found in EPA
publication number 600/R-98/151, November 1998, and any subsequent
amendments.
   (10) "NELAP" means the National Environmental Laboratory
Accreditation Program established by NELAC.
   (11) "NELAP accredited laboratory" means a laboratory which has
met the standards of NELAP and has been accredited by a primary or
secondary NELAP recognized authority.
   (12) "NELAP approved accrediting authority" means a state agency
which is authorized by NELAC to accredit laboratories.
   (13) "NELAP recognized primary accrediting authority" means a
state agency which is responsible for the accreditation of
environmental laboratories within that state.
   (14) "NELAP recognized secondary accrediting authority" means a
state agency which is authorized by NELAP to accredit environmental
laboratories, within that state, which have been accredited by a
NELAP approved accrediting authority in another state.
   (15) "Performance based measurement system" or "PBMS" means
methods which are alternate analytical methods of demonstrated
adequacy of equivalence, as determined by the department, other state
agencies, or the United States government.
   (16) "Pesticide" means any substance that alone, in chemical
combination, or in any formulation with one or more substances, is an
"economic poison" within the meaning of Section 12753 of the Food
and Agricultural Code or a "pesticide" as defined in the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et
seq.).
   (17) "Regulatory agency" means any federal, state, or local
governmental agency that utilizes environmental analyses performed by
a laboratory regulated under this section.
   (18) "Regulatory purposes" means the use of laboratory analysis
required by a regulatory governmental agency for determining
compliance with this section or Chapter 1 (commencing with Section
116275), Chapter 2 (commencing with Section 116300), and Chapter 3
(commencing with Section 116350) of Part 11 of Division 104, Chapter
6.5 (commencing with Section 25100) of, Chapter 6.7 (commencing with
Section 25280) of, and Chapter 6.8 (commencing with Section 25300)
of, Division 20, or Division 7 (commencing with Section 13000) of the
Water Code, or the regulations adopted under any of the provisions
set forth in this paragraph.
  SEC. 2.  Section 100830 of the Health and Safety Code is amended to
read:
   100830.  The department shall adopt regulations governing the
administration and enforcement of this article.  Regulations adopted
by the department under this article shall specify conditions for
recognizing on the basis of reciprocity the certification or NELAP
accreditation of laboratories located outside of the State of
California for activities regulated under this article by another
state or by an agency of the United States government.  Certification
or NELAP accreditation by another jurisdiction may be recognized for
purposes of this article with regard to one or several program
activities, including, but not limited to, onsite inspections, the
analysis of proficiency testing samples, or the evaluation of
personnel qualifications.
  SEC. 3.  Section 100831 is added to the Health and Safety Code, to
read:
   100831.  NELAP accreditation by another jurisdiction shall be
recognized, for purposes of this article, for out-of-state
laboratories with regard to one or several program activities,
including, but not limited to, onsite assessments, the analysis of
proficiency testing samples, or the evaluation of personnel
qualifications.
  SEC. 4.  Section 100832 is added to the Health and Safety Code, to
read:
   100832.  When the National Environmental Laboratory Accreditation
Program standards are adopted by the National Environmental
Laboratory Accreditation Conference, the department shall adopt or
amend the regulations relating to environmental laboratories as
necessary to enable California environmental laboratories to
participate in the National Environmental Laboratory Accreditation
Program.
  SEC. 5.  Section 100835 of the Health and Safety Code is amended to
read:
   100835.  (a) The department may adopt regulations for the
following:
   (1) Quality assurance programs in effect at the laboratory.
   (2) Laboratory facilities.
   (3) Methods.
   (4) Equipment.
   (5) Proficiency testing.
   (6) Fields of testing.
   (7) Qualifications of laboratory directors and other laboratory
personnel.
   (8) Fees, inspections, hearings and other matters necessary to the
administration and enforcement of this article.
   (9) NELAP accreditation.
   (10) Any other area concerning the operation or maintenance of a
laboratory not inconsistent with this article as may be necessary to
carry out this article.
   (b) If any regulations governing the minimum standards for
certification or NELAP accreditation, or both, of laboratories that
perform analysis of food relate to the testing of raw agricultural
commodities or dairy products, those regulations shall be adopted, in
cooperation with the Department of Food and Agriculture.
  SEC. 6.  Section 100837 of the Health and Safety Code is amended to
read:
   100837.  (a) The department shall adopt regulations governing the
application criteria for acceptance and approval of ATPLAO's.
Applicants may be any private or public entity, whether or not for
profit, that demonstrates to the department's satisfaction compliance
with the criteria set forth in the regulations adopted pursuant to
this section at the time of application and thereafter as provided by
the department.  The regulations adopted pursuant to this section
shall include:
   (1) Minimum requirements for the applicant ATPLAO's, and objective
criteria for department approval that assure accreditation
assessments comparable to those conducted by the department pursuant
to this article.
   (2) Criteria for the minimum content of accreditation examination
and laboratory performance level that are, to the extent feasible,
comparable to department accreditation practices and procedures that
apply to environmental laboratories pursuant to this article.
   (3) Procedures for the notification of the department when an
ATPLAO approved laboratory fails to meet performance criteria.
   (4) Provisions for the department to periodically review
performance and procedures of an ATPLAO, and enforcement procedures
including revocation of approval.  The department shall recover the
costs of approving and sustaining the approval of an ATPLAO from the
person or entity seeking that approval.
   (5) Procedures for inspection and auditing of laboratories,
including inspection and auditing by the department.
   (6) Procedures for interim certification of laboratories.
   (7) Fees that result in a lower fee structure than, but parallel
to, that adopted in subdivision (a) of Section 100860.  These
regulations shall include a basic fee plus an additional fee for each
field of testing that the laboratory performs and the fees shall be
sufficient to support the program.
   (b) The department may consult with ATPLAO's, laboratories, and
other interested parties and consider any national or international
guidance for accreditation programs in adopting regulations as set
forth in this section.
   (c) An ATPLAO shall not be prohibited from establishing and
implementing, on its own initiative or at the request of a
laboratory, standards that exceed the minimum standards established
by the department.
   (d) The regulations adopted pursuant to this section shall be
proposed on or before June 30, 2000.  Recognition of ATPLAO's shall
commence on or before December 31, 2000.
   (e) Every ATPLAO that approves laboratories for NELAP
accreditation shall comply with all NELAC standards.
  SEC. 7.  Section 100840 of the Health and Safety Code is amended to
read:
   100840.  Any laboratory requesting certification or NELAP
accreditation under this article shall file with the department a
verified application on forms prescribed by the department containing
all of the following:
   (a) The names of the applicant and the laboratory.
   (b) The location of the laboratory.
   (c) A list of fields of testing for which the laboratory is
seeking certification, selected from the activities listed in
subdivision (a) of Section 100860 or 100862.
   (d) Evidence satisfactory to the department that the applicant has
the ability to comply with this article and the regulations adopted
under this article.
   (e) Any other information required by the department for
administration or enforcement of this article or regulations adopted
under this article.
  SEC. 8.  Section 100845 of the Health and Safety Code is amended to
read:
   100845.  (a) Each certificate issued pursuant to this article for
state certification shall be issued to the owner of the laboratory
and shall expire 24 months from the date of issuance.  Application
for renewal shall be filed with the department within a time period
specified by regulation.  Failure to make timely application for
renewal shall result in expiration of the certificate.
   (b) A certificate shall be forfeited by operation of law prior to
its expiration date when one of the following occurs:
   (1) The owner sells or otherwise transfers the ownership of the
laboratory, except that the certificate shall remain in force 90
calendar days, if the department receives written assurance and
appropriate documentation within 30 calendar days after the change
has occurred that one or more of the conditions in subdivision (c)
are met.  The department shall accept or reject the assurance in
writing within 30 calendar days after it has been received.
   (2) There is a change in the location of the laboratory (except a
mobile laboratory) or structural alteration that may affect adversely
the quality of analysis in the fields of testing for which the
laboratory has been certified or is seeking certification, without
written notification to the department within 30 calendar days.
   (3) The certificate holder surrenders the certificate to the
department.
   (c) Upon change of ownership of a laboratory, the department may
extend a certificate to the expiration date of the original
certificate upon written assurance by the new owner that the
operation of the laboratory will continue so as not to adversely
affect the conditions regulated by this article.
   (d) The department shall be notified in writing within 30 calendar
days whenever there is a change of director or other person in
charge of a laboratory certified under this article.  The
notification shall include documentation of the qualifications of the
new director or other person in charge of the laboratory.
  SEC. 9.  Section 100847 is added to the Health and Safety Code, to
read:
   100847.  (a) The period of accreditation for NELAP accredited
laboratories shall be 12 months.
   (b) The accrediting authority shall be notified in writing within
30 calendar days of the sale or other transfer of ownership of a
NELAP accredited laboratory.
   (c) The accrediting authority shall be notified in writing within
30 calendar days of the change in location of a NELAP accredited
laboratory, other than a mobile laboratory.
   (d) The accrediting authority shall be notified within 30 calendar
days whenever there is a change of laboratory director, or other
individual in charge of the laboratory.
   (e) NELAP accredited laboratories must conspicuously display their
most recent NELAP accreditation certificate or their accreditation
fields of testing or both in a permanent place in their laboratory.
   (f) NELAP accredited laboratories shall not use their NELAP
accreditation document or their accreditation status to imply any
endorsement by the accrediting authority.
  SEC. 10.  Section 100850 of the Health and Safety Code is amended
to read:
   100850.  (a) (1) Upon the filing of an application for
certification and after a finding by the department that there is
full compliance with this article and regulations adopted under this
article, the department shall issue to the owner a certificate in the
fields of testing identified in Section 100860 or 100862.
   (2) Evidence of compliance by a laboratory with this article and
any regulations adopted thereunder shall be forwarded by the ATPLAO
to the department for review and approval prior to issuance of a
certificate by the department pursuant to this section.  The
department shall retain ultimate authority to decide whether a
laboratory shall be certified or decertified.  Whenever an approved
laboratory that has been issued a certificate pursuant to this
section no longer is approved by an ATPLAO, the certificate issued
pursuant to this section shall be automatically revoked by the
department, pursuant to appropriate administrative due process as may
be prescribed by the department by regulation.  However, the
laboratory may apply to the department for immediate recertification
pursuant to this section.  Immediate recertification may occur if the
department determines that the loss of certification does not result
in the laboratory's failure to be in compliance with this article
and the regulations adopted thereunder.
   (b) The department shall deny or revoke a certificate if it finds
any of the following:
   (1) The laboratory fails to report acceptable results in the
analysis of proficiency testing samples.
   (2) The laboratory fails to pass an onsite assessment.
   (3) The laboratory is not in compliance with any other provision
of this article or regulations adopted under this article.
   (c) Provided that there is compliance with all other provisions of
this article, a certificate may be restricted by the department to
the fields of testing of Section 100860 or 100862 or subgroups
thereof as defined by regulation for which acceptable results have
been produced and the onsite assessment was passed.
   (d) Upon the filing of a complete application for a certificate
pursuant to subdivision (a), the department may issue an interim
certificate pending the completion of onsite assessment and an
analysis of proficiency testing samples.  An interim certificate
shall be nonrenewable and shall remain in effect until a certificate
is either granted under subdivision (a) or denied under subdivision
(b), but not later than one year after the date of issuance.
  SEC. 11.  Section 100851 is added to the Health and Safety Code, to
read:
   100851.  (a) An application for NELAP accreditation or renewal of
NELAP accreditation shall be denied by the accrediting authority for
any of the following reasons:
   (1) Failure to submit all information necessary to determine the
laboratory's eligibility for its accreditation or continued
compliance with this section or regulations adopted thereunder.
   (2) Failure of the laboratory staff to meet NELAC standards for
personnel requirements.  These qualifications may include education,
training, and experience requirements.
   (3) Failure to successfully analyze and report proficiency testing
samples.
   (4) Failure to respond to a deficiency report from the onsite
assessment with a corrective action report within 30 calendar days of
the receipt of the report.
   (5) Failure to implement the corrective actions detailed in the
corrective action report within the specified amount of time.
   (6) Misrepresentation of any material fact pertinent to receiving
or maintaining NELAP accreditation.
   (b) The NELAP approved accrediting authority may suspend the
accreditation of a NELAP accredited laboratory, in whole or in part,
for failure to correct the deficiencies, within a specified amount of
time, as identified in the onsite assessment.  The laboratory shall
retain those areas of accreditation where it continues to meet the
requirements of the accrediting authority.  A suspended NELAP
accredited laboratory shall not be required to reapply for
accreditation if the causes for suspension are corrected within six
months.
   (c) The NELAP approved accrediting authority shall suspend a NELAP
accreditation in whole or in part for the following reasons:
   (1) Failure to complete proficiency testing studies.
   (2) Failure to maintain a history of at least two successful, out
of the most recent three, proficiency testing studies for each
affected accreditation field of testing, subgroup, or analyte for
which the laboratory is accredited.
   (3) Failure to successfully analyze and report proficiency testing
sample results pursuant to Chapter 2 of the NELAC standards.
   (4) Failure to submit an acceptable corrective action report in
response to a deficiency report and failure to implement corrective
action related to any deficiencies found during laboratory
assessments within the required time period, as required by the NELAC
standards.
   (5) Failure to notify the accrediting authority of any changes in
key accreditation criteria, as required by Chapter 4 of the NELAC
standards.
   (6) Failure to perform all accredited tests in accordance with
NELAC standards.
   (7) Failure to meet all of the requirements of Chapter 5 of the
NELAC standards.
   (d) A suspended laboratory shall not be required to reapply for
any NELAP accreditation if the causes for suspension are corrected
within six months.  A suspended laboratory may not continue to
analyze samples for the affected fields of testing for which it holds
accreditation.  A suspended laboratory shall remain suspended
without a right to appeal if the suspension is caused by unacceptable
proficiency testing sample results.
   (e) If a laboratory is unable to correct the reason for
suspension, the laboratory's accreditation shall be revoked in whole
or in part.
   (f) A laboratory's accreditation may not be suspended without the
right to due process, as set forth in Chapter 4 of the NELAC
standards.
  SEC. 12.  Section 100852 of the Health and Safety Code is amended
to read:
   100852.  (a) Notwithstanding any other provision of law, the
department may issue a certificate to the owner of a laboratory in a
field of testing or method adopted by the federal Environmental
Protection Agency pursuant to Part 136 of Title 40 of the Code of
Federal Regulations, as amended September 11, 1992, as published in
the Federal Register (57 FR 41830), or Part 141 of Title 40 of the
Code of Federal Regulations, as amended July 17, 1992, as published
in the Federal Register (57 FR 31776), and as subsequently amended
and published in the Federal Register.
   (b) After the department has become a NELAP approved accreditating
authority, performance based measurement system methods will be
accepted, when mandated methods are indicated.  A fee, as specified
in regulations adopted by the department, may be charged for the
review of each performance based measurement system method.
   (c) Notwithstanding any other provision of law, the department
shall not be required to meet the requirements of Chapter 3.5
(commencing with Section 11340) of the Government Code in order to
issue a certificate pursuant to subdivision (a).
  SEC. 13.  Section 100855 of the Health and Safety Code is amended
to read:
   100855.  (a) Upon the denial of any application for a certificate
or the denial of approval as an ATPLAO, or the revocation of a
certificate or the revocation of approval as an ATPLAO, the
department shall immediately notify the applicant or organization by
certified mail, return receipt requested, of the denial and the
reasons for the denial.  Within 20 calendar days of receipt, the
applicant or organization may present the department with a written
petition for a hearing.  Upon receipt in proper form by the
department, the petition shall be set for hearing.  The proceedings
shall be conducted in accordance with Section 100171 and the
department has all the powers granted in that section.
   (b) The proceedings under this section for denial, suspension, or
revocation of NELAP accreditation shall also be conducted in
accordance with Section 100171.
  SEC. 14.  Section 100860 of the Health and Safety Code is amended
to read:
   100860.  (a) At the time of application and annually thereafter,
from the date of the issuance of the certificate, a laboratory shall
pay an annual certification fee.  The fee shall consist of a basic
nonrefundable fee of eight hundred seventy-nine dollars ($879) and an
additional fee of three hundred ninety-six dollars ($396) for
certification in each of the following fields of testing for which
accreditation is sought:  (1) microbiology of drinking water and
wastewater; (2) inorganic chemistry and physical properties of
drinking water excluding toxic chemical elements; (3) analysis of
toxic chemical elements in drinking water; (4) organic chemistry of
drinking water (measurement by gc/ms combination); (5) organic
chemistry of drinking water (excluding measurements by gc/ms
combination); (6) radiochemistry; (7) shellfish sanitation; (8)
aquatic toxicity bioassays; (9) physical properties testing of
hazardous waste; (10) inorganic chemistry and toxic chemical elements
of hazardous waste; (11) extraction tests of hazardous waste; (12)
organic chemistry of hazardous waste (measurement by gc/ms
combination); (13) organic chemistry of hazardous waste (excluding
measurements by gc/ms combination); (14) bulk asbestos analysis; (15)
substances regulated under the California Safe Drinking Water and
Toxic Enforcement Act and not included in other listed groups; (16)
wastewater inorganic chemistry, nutrients, and demand; (17) toxic
chemical elements in wastewater; (18) organic chemistry of wastewater
(measurements by gc/ms combination); (19) organic chemistry of
wastewater (excluding measurements by gc/ms combination); (20)
inorganic chemistry and toxic chemical elements of pesticide residues
in food; (21) organic chemistry of pesticide residues in food
(measurement by gc/ms combination); (22) organic chemistry of
pesticide residues in food (excluding measurement by gc/ms
combination); and (23) operation of a mobile laboratory in any one of
the above fields of testing in addition to activity in the same
field of testing in a certified stationary laboratory under the same
owner.
   Fees for certification in a specified field of testing may be
refunded if the department nullifies the application due to failure
by the laboratory to complete the application process in the time and
manner prescribed by regulation.
   (b) In addition to the payment of certification fees, laboratories
located outside the State of California shall reimburse the
department for travel and per diem necessary to perform onsite
inspections.
   (c) If reciprocity with another jurisdiction is established by
regulation as described in Section 100830, the regulations may
provide for the waiver of certification fees for program activities
considered equivalent.
   (d) Fees collected under this section shall be adjusted annually
as specified in Section 100425.  The adjustment shall be rounded to
the nearest whole dollar.  It is the intent of the Legislature that
the programs operated under this article be fully fee-supported.
   (e) State and local government-owned laboratories in California
established under Section 101150 or performing work only in a
reference capacity as a reference laboratory are exempt from the
payment of the fee prescribed under subdivision (a).
   (f) In addition to the payment of certification fees, laboratories
certified or applying for certification in fields of testing (20),
(21), or (22) under subdivision (a) shall pay the department a fee of
four hundred dollars ($400) for the preparation and handling of each
proficiency testing sample set.
   (g) For the purpose of this section, a reference laboratory is a
laboratory owned and operated by a governmental regulatory agency for
the principal purpose of analyzing samples referred by other
laboratories for confirmatory analysis.  Reference laboratories carry
out quality assurance functions for other laboratories and may carry
out unusual, highly specialized, and difficult analyses not
generally available through commercial laboratories, and a limited
number of routine analyses, for regulatory purposes only, and without
assessing                                            per-sample fees
for the services.
   (h) Notwithstanding subdivision (a), a laboratory that is applying
for or has received certification pursuant to third-party laboratory
accreditation as set forth in paragraph (2) of subdivision (a) of
Section 100850 shall pay an initial fee at the time of application
and an annual fee thereafter.  The initial and annual fee shall be
established by the department in the regulations authorized by
paragraph (9) of subdivision (a) of Section 100837.  The fees
collected under these regulations shall be adjusted annually as
specified in Section 100425.  The adjustment shall be rounded to the
nearest whole dollar.  It is the intent of the Legislature that the
programs operated under this article be fully fee-supported.
  SEC. 15.  Section 100862 is added to the Health and Safety Code, to
read:
   100862.  (a) At the time of application for NELAP accreditation
and annually thereafter, from the date of the issuance of the
accreditation, a laboratory shall pay a base fee and a fee for each
field of testing listed below for which a laboratory has requested
NELAP accreditation.  The fees shall be nonrefundable and set in
regulations, and shall be sufficient to allow the NELAP program to be
fully fee supported.  The fields of testing for NELAP accreditation
and their code numbers are all of the following:
   (101) Microbiology of drinking water.
   (102) Inorganic chemistry of drinking water.
   (103) Toxic chemical elements of drinking water.
   (104) Volatile organic chemistry of drinking water.
   (105) Nonvolatile organic chemistry of drinking water.
   (106) Radiochemistry of drinking water.
   (107) Microbiology of wastewater.
   (108) Inorganic chemistry of wastewater.
   (109) Toxic chemical elements of wastewater.
   (110) Volatile organic chemistry of wastewater.
   (111) Nonvolatile organic chemistry of wastewater.
   (112) Radiochemistry of wastewater.
   (113) Whole effluent toxicity of wastewater.
   (114) Inorganic chemistry and toxic chemical elements of hazardous
waste.
   (115) Extraction test of hazardous waste.
   (116) Volatile organic chemistry of hazardous waste.
   (117) Nonvolatile organic chemistry of hazardous waste.
   (118) Radiochemistry of hazardous waste.
   (119) Toxicity bioassay of hazardous waste.
   (120) Physical properties of hazardous waste.
   (121) Bulk asbestos analysis of hazardous waste.
   (b) Fees for NELAP accreditation shall be adjusted annually as
specified in Section 100425.
  SEC. 16.  Section 100863 is added to the Health and Safety Code, to
read:
   100863.  The department shall appoint a multidisciplinary
committee to assist, advise, and make recommendations regarding
technical, scientific, and administrative matters concerning the
accreditation or certification of environmental laboratories.
Appointments to the committee shall be made from lists of nominees
solicited by the department, and shall provide adequate
representation of interested parties and environmental laboratories
subject to this chapter.  Subcommittees of the committee may be
appointed consisting of committee members and other persons having
particular knowledge of a subject area, for the purpose of assisting
the department on special problems and making recommendations to the
committee for consideration in the establishment of rules and
regulations.  The department shall determine the terms of office of
appointees to the committee and any subcommittee.  Members of the
committee and of any subcommittee shall serve without compensation
and shall pay their own expenses incurred as a result of attending
meetings or engaging in any other activity pursuant to this section.

  SEC. 17.  Section 100865 of the Health and Safety Code is amended
to read:
   100865.  (a) In order to carry out the purpose of this article,
any duly authorized representative of the department may do the
following:
   (1) Enter and inspect a laboratory that is certified or NELAP
accredited pursuant to this article or that has applied for
certification or NELAP accreditation.
   (2) Inspect and photograph any portion of the laboratory,
equipment, any activity, or any samples taken, copy and photograph
any records, reports, test results, or other information related
solely to certification under this article or regulations adopted
pursuant to this article.
   (b) It shall be a misdemeanor for any person to prevent, interfere
with, or attempt to impede in any way, any duly authorized
representative of the department from undertaking the activities
authorized by this section.
   (c) If a laboratory that is seeking certification, NELAP
accreditation, recertification, or NELAP reaccreditation refuses
entry of a duly authorized representative during normal business
hours for either an announced or unannounced onsite assessment, the
certification, accreditation, recertification, or reaccreditation
shall be denied or revoked.
   (d) Refusal of a request by a NELAP approved accrediting
authority, the department, or any employee, agent, or contractor of
the department, for permission to inspect, pursuant to this section,
the laboratory and its operations and pertinent records during the
hours the laboratory is in operation shall result in denial or
revocation of certification or NELAP accreditation.
  SEC. 18.  Section 100870 of the Health and Safety Code is amended
to read:
   100870.  (a) Any laboratory that is certified or holds NELAP
accreditation or has applied for certification or NELAP accreditation
or for renewal of certification or NELAP accreditation under this
article, shall analyze proficiency testing samples provided directly
or indirectly by the department.  The department shall have the
authority to contract with third parties for the provision of
proficiency testing samples.  The samples shall be tested by the
laboratory according to methods specifically approved for this
purpose by the United States government or the department, or
alternate methods of demonstrated adequacy or equivalence, as
determined by the department.  Proficiency testing sample sets shall
be provided not less than twice, nor more than four times, a year to
each certified laboratory that performs analyses of food for
pesticide residues.
   (b) The department may provide directly or indirectly proficiency
testing samples to a laboratory for the purpose of determining
compliance with this article with or without identifying the
department.
   (1) When the department identifies itself, all of the following
shall apply:
   (A) The results of the testing shall be submitted to the
department on forms provided by the department on or before the date
specified by the department, and shall be used in determining the
competency of the laboratory.
   (B) There shall be no charge to the department for the analysis.
   (2) When the department does not identify itself, the department
shall pay the price requested by the laboratory for the analyses.
   (c) If a certified or NELAP accredited laboratory submits
proficiency testing sample results generated by another laboratory as
its own, the certification or NELAP accreditation shall be
immediately revoked.
   (d) Laboratories shall obtain their proficiency testing samples
from a list of NELAP, federal, or state-approved proficiency testing
sample providers.  Laboratories shall bear the cost of any
proficiency testing study fee charged for participation.  Each
laboratory shall authorize the proficiency testing providers to
report the study results directly to the accrediting authority and
NELAP, as well as to the laboratory.
  SEC. 19.  Section 100872 is added to the Health and Safety Code, to
read:
   100872.  (a) A NELAP accredited laboratory shall analyze
proficiency testing samples not less than twice a year for those
fields of testing approved in Section 100862.  Proficiency testing
procedures shall be approved by the United States government or by
the department.
   (b) The laboratory must be successful in at least two out of the
most recent three proficiency testing studies for each field of
testing, subgroup, or analyte for which it is accredited.
   (c) The NELAP accredited laboratory shall discontinue the analyses
of samples for the fields of testing or subgroups which have been
suspended for failure to comply with the proficiency testing
requirements in this section.
  SEC. 20.  Section 100880 of the Health and Safety Code is amended
to read:
   100880.  If the department determines that a laboratory is in
violation of this article or any regulation or order issued or
adopted pursuant to this article, the department may, in addition to
suspension, denial, or revocation of the certificate or NELAP
accreditation, issue a citation to the owner of the laboratory.  It
shall be the function of the approved accrediting authority to issue
citations.  The Legislature finds and declares that since NELAC is a
standard setting body, it cannot, as such, enforce civil or criminal
penalties.
   (a) The citation shall be served personally or by registered mail.

   (b) Each citation shall be in writing and shall describe with
particularity the nature of the violation, including a reference to
the statutory provision, order, or regulation alleged to have been
violated.
   (c) The citation shall fix the earliest feasible time for
elimination or correction of the condition constituting the
violation.
   (d) Citations issued pursuant to this section shall specify a
civil penalty for each violation, not to exceed one thousand dollars
($1,000), for each day that the violation occurred.
   (e) If the owner fails to correct a violation within the time
specified in the citation, the department may assess a civil penalty
as follows:
   (1) For failure to comply with any citation issued for a violation
of this article or a regulation, an amount not to exceed two hundred
fifty dollars ($250) for each day that the violation continues
beyond the date specified for correction in the citation.
   (2) For failure to comply with any citation issued for violation
of any department-issued order, an amount not to exceed two hundred
dollars ($200) for each day the violation continues beyond the date
specified for correction in the citation.
  SEC. 21.  Section 100885 of the Health and Safety Code is amended
to read:
   100885.  (a) Any person who operates a laboratory that performs
work that requires certification or NELAC accreditation under Section
25198, 25298.5, 25358.4, 110490, or 116390 of this code, or Section
13176 of the Water Code, who is not certified or NELAC accredited to
do so, may be enjoined from so doing by any court of competent
jurisdiction upon suit by the department.
   (b) (1) Any organization that represents itself as an ATPLAO
without being granted approval pursuant to Section 100837 shall be in
violation of this article and may be enjoined from making those
representations by any court of competent jurisdiction at the suit of
the department.  Nothing in this section shall limit the department
from exercising any other remedy for a violation of this article.
   (2) Nothing in this article shall limit the activities of any
ATPLAO within the state, whether or not approved pursuant to Section
100837, if the purpose is not to obtain state environmental testing
laboratory certification or NELAP accreditation.
   (c) When the department determines that any person has engaged in,
or is engaged in, any act or practice that constitutes a violation
of this article, or any regulation or order issued or adopted
thereunder, the department may bring an action in the superior court
for an order enjoining these practices or for an order directing
compliance and affording any further relief that may be required to
ensure compliance with this article.
  SEC. 22.  Section 100890 of the Health and Safety Code is amended
to read:
   100890.  (a) Any person who knowingly makes any false statement or
representation in any application, record, or other document
submitted, maintained, or used for purposes of compliance with this
article, may be liable, as determined by the court, for a civil
penalty not to exceed five thousand dollars ($5,000) for each
separate violation or, for continuing violations, for each day that
violation continues.
   (b) Any person who operates a laboratory for purposes specified
pursuant to Section 25198, 25298.5, 25358.4, 110490, or 116390 of
this code, or Section 13176 of the Water Code that requires
certification, who is not certified by the department pursuant to
this article, may be liable, as determined by the court, for a civil
penalty not to exceed five thousand dollars ($5,000) for each
separate violation or, for continuing violations, for each day that
violation continues.
   (c) A laboratory that advertises or holds itself out to the public
or its clients as having been certified for any of the fields of
testing referred to in Section 100860 or 100862 without having a
valid and current certificate in each field of testing identified by
the advertisement or other representation may be liable, as
determined by the court, for a civil penalty not to exceed one
thousand dollars ($1,000) or, for continuing violations, for each day
that violation continues.
   (d) Each civil penalty imposed for any separate violation pursuant
to this section shall be separate and in addition to any other civil
penalty imposed pursuant to this section or any other provision of
law.
  SEC. 23.  Section 100895 of the Health and Safety Code is amended
to read:
   100895.  (a) Any person who knowingly does any of the following
acts may, upon conviction, be punished by a fine of not more than
twenty-five thousand dollars ($25,000) for each day of violation, or
by imprisonment in the county jail not to exceed one year, or by both
the fine and imprisonment:
   (1) Makes any false statement or representation in any
application, record, report, or other document submitted, maintained,
or used for the purposes of compliance with this article.
   (2) Has in his or her possession any record required to be
maintained pursuant to this article that has been altered or
concealed.
   (3) Destroys, alters, or conceals any record required to be
maintained pursuant to this article.
   (4) Withholds information regarding an imminent and substantial
danger to the public health or safety when the information has been
requested by the department in writing and is required to carry out
the department's responsibilities pursuant to this article.
   (b) If the conviction under subdivision (a) is for a violation
committed after a first conviction of the person under this section,
the person may be punished by imprisonment in the state prison for up
to 24 months, or in the county jail for not to exceed one year, or
by a fine of not less than two thousand dollars ($2,000) or more than
fifty thousand dollars ($50,000) per day of violation, or by both
the fine and imprisonment.
   (c) A NELAP accredited laboratory, upon suspension, revocation, or
withdrawal of its NELAP accreditation, shall do both of the
following:
   (1) Discontinue use of all catalogs, advertising, business
solicitations, proposals, quotations, or their materials that contain
reference to their past accreditation status.
   (2) Return its certificate of NELAP accreditation to the
accrediting authority.
   (d) The penalties cited in subdivisions (a) and (b) shall also
apply to NELAP accredited laboratories.
  SEC. 24.  Section 100907 is added to the Health and Safety Code, to
read:
   100907.  (a) The department shall revoke, in whole or in part, the
accreditation of a NELAP accredited laboratory for either of the
following reasons:
   (1) Failure to submit an acceptable corrective action report in
response to a deficiency report, and failure to implement corrective
action related to any deficiencies found during a laboratory
assessment.  The laboratory may submit two corrective actions within
the time limits specified by the accrediting authority.
   (2) Failure to successfully analyze and report proficiency testing
sample results pursuant to Chapter 2 of the NELAC standards.
   (b) The department shall revoke, in whole, the accreditation of a
NELAP accredited laboratory for any of the following reasons:
   (1) Failure to respond with a corrective action report within the
required 30-day period.
   (2) Failure to participate in the proficiency testing program, as
required by Chapter 2 of the NELAC standards.
   (3) Submittal of proficiency test sample results generated by
another laboratory as its own.
   (4) Misrepresentation of any material fact pertinent to receiving
or maintaining accreditation.
   (5) Denial of entry during normal business hours for an onsite
assessment, as required by Chapter 3 of the NELAC standards.
   (6) Conviction of charges for the falsification of any report of,
or that relates to, a laboratory analysis.
   (c) The department may also revoke, in whole, a laboratory's
accreditation for failure to remit the accreditation fees within the
time limit established by the accrediting authority.
   (d) After correcting the reason or reasons for revocation, the
NELAP accredited laboratory may reapply for accreditation no sooner
than six months from the official date of revocation.
   (e) A laboratory's NELAP accreditation shall not be revoked
without the right to due process, as required by Chapter 4 of the
NELAC standards.
  SEC. 25.  Section 100910 of the Health and Safety Code is amended
to read:
   100910.  Proceedings for the suspension or revocation of a
certificate under this article shall be conducted in accordance with
Section 100171, and the department shall have all powers granted
pursuant to that section.
  SEC. 26.  Section 100915 of the Health and Safety Code is amended
to read:
   100915.  The department may temporarily suspend certification or
NELAP accreditation prior to any hearing, when it has determined that
this action is necessary to protect the public.  The department
shall notify the owner of the temporary suspension and the effective
date thereof and at the same time shall serve the owner with an
accusation.  Upon receipt of a notice of defense by the owner, the
matter shall be set for hearing within 15 calendar days.  The hearing
shall be held as soon as possible but no later than 30 calendar days
after receipt of the notice.  The temporary suspension shall remain
in effect until the hearing is completed and the department has made
a final determination on the merits.  However, the temporary
suspension shall be deemed vacated if the department fails to make a
final determination on the merits within 60 calendar days after the
original hearing has been completed.
  SEC. 27.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
